Read The Trouble with Court-Packing

The Trouble with Court-Packing

Neil S. Siegel

4.9/5 (30189 ratings)

Description:Fundamental questions of constitutional policy, norms, and law are implicated by the wide-ranging public discussion of U.S. Supreme Court reform. This Article focuses on the reform proposal that poses the greatest threat to judicial legitimacy and independence: Court-packing. The Article contends that there has likely been a constitutional convention against Court-packing for a long time now, although it is uncertain whether the convention continues to exist given Senate conduct since 2016. The Article also maintains that Court-packing is not as free from constitutional difficulty as the conventional wisdom holds, even if the arguments for its constitutionality are stronger on balance. Most importantly, the Article offers an analytical framework for thinking about Court-packing that rests upon a common-ground foundation: the Court performs critical functions that most Americans want it to perform; most of the time, it performs most of these functions better than the available governmental alternatives; and Court-packing would almost certainly damage, if not destroy, its ability to continue performing these functions by impairing its legitimacy and independence. Court-packing should therefore be reserved for extreme situations, in which adding seats would: (1) respond proportionally to a previous instance of unjustified Court-packing; (2) restore the Court’s legitimacy in the eyes of a large majority of Americans; or (3) meet a national crisis to which the Court was contributing. Moreover, even when an extreme situation exists, Congress should ask itself whether it can legislate in other ways to address pressing problems before packing the Court. Applying this framework, the Article cuts against the ideological grain of current debates. As many progressives advocate Court-packing and many conservatives oppose it, the Article shows that there are principled reasons to resist Court-packing at this time even if one believes that Senate Republicans violated an important convention requiring good-faith consideration of Supreme Court nominees, and even if one is deeply concerned about the ideological orientation and methodological assertiveness of the current Court.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The Trouble with Court-Packing. To get started finding The Trouble with Court-Packing, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

Pages: 75

Format: PDF, EPUB & Kindle Edition

Publisher: Duke University Law School

Release: 2022

ISBN

Description: Fundamental questions of constitutional policy, norms, and law are implicated by the wide-ranging public discussion of U.S. Supreme Court reform. This Article focuses on the reform proposal that poses the greatest threat to judicial legitimacy and independence: Court-packing. The Article contends that there has likely been a constitutional convention against Court-packing for a long time now, although it is uncertain whether the convention continues to exist given Senate conduct since 2016. The Article also maintains that Court-packing is not as free from constitutional difficulty as the conventional wisdom holds, even if the arguments for its constitutionality are stronger on balance. Most importantly, the Article offers an analytical framework for thinking about Court-packing that rests upon a common-ground foundation: the Court performs critical functions that most Americans want it to perform; most of the time, it performs most of these functions better than the available governmental alternatives; and Court-packing would almost certainly damage, if not destroy, its ability to continue performing these functions by impairing its legitimacy and independence. Court-packing should therefore be reserved for extreme situations, in which adding seats would: (1) respond proportionally to a previous instance of unjustified Court-packing; (2) restore the Court’s legitimacy in the eyes of a large majority of Americans; or (3) meet a national crisis to which the Court was contributing. Moreover, even when an extreme situation exists, Congress should ask itself whether it can legislate in other ways to address pressing problems before packing the Court. Applying this framework, the Article cuts against the ideological grain of current debates. As many progressives advocate Court-packing and many conservatives oppose it, the Article shows that there are principled reasons to resist Court-packing at this time even if one believes that Senate Republicans violated an important convention requiring good-faith consideration of Supreme Court nominees, and even if one is deeply concerned about the ideological orientation and methodological assertiveness of the current Court.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The Trouble with Court-Packing. To get started finding The Trouble with Court-Packing, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

Special Offer | $0.00

Special Offer! | $0.00

The Trouble with Court-Packing

The Trouble with Court-Packing

More Books

The Collective-Action Constitution (Theoretical Perspectives in Law)

The Collective-Action Constitution (Theoretical Perspectives in Law)

Cosmic Cradle, Revised Edition: Spiritual Dimensions of Life before Birth

Cosmic Cradle, Revised Edition: Spiritual Dimensions of Life before Birth

Engineering Project Management

Engineering Project Management

Jewish Men Pray: Words of Yearning, Praise, Petition, Gratitude and Wonder from Traditional and Contemporary Sources

Jewish Men Pray: Words of Yearning, Praise, Petition, Gratitude and Wonder from Traditional and Contemporary Sources

United States Constitutional Law (Concepts and Insights)

United States Constitutional Law (Concepts and Insights)

Principles of Systems Engineering

Principles of Systems Engineering

Engineering Project Management: A Hands-On Guide for Successful Engineering Projects

Engineering Project Management: A Hands-On Guide for Successful Engineering Projects

The Economics of Engineering Project Management

The Economics of Engineering Project Management

This is not available 064914

This is not available 064914